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-   -   US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passport? (https://britishexpats.com/forum/usa-57/us-cititzen-british-father-parents-unmarried-eligible-4-uk-citizenship-passport-707679/)

alfonzom Mar 2nd 2011 5:49 pm

US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passport?
 
Hello,

Nearly two years ago, I went to the British consulate in DC to inquire as to my eligibility for UK citizenship/passport. I was born in the U.S. in 1978 to a British father and a Cuban mother, but they were unmarried. Apparently, based on the year I was born, I fall within a loophole of sorts where if your parents where unmarried and you are claiming citizenship through your father, that you had to have applied before the age of 18. As such, there was no form at all that I could even fill out to petition for citizenship. Does anyone know whether there is a way to proceed in order to attempt to get British citizenship or have I really hit a dead end based on this loophole within a loophole scenario?

Any suggestions would be most welcome! Thanks!!

Kind regards.
:D

candy wy. Mar 2nd 2011 6:03 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213577)
Hello,

Nearly two years ago, I went to the British consulate in DC to inquire as to my eligibility for UK citizenship/passport. I was born in the U.S. in 1978 to a British father and a Cuban mother, but they were unmarried. Apparently, based on the year I was born, I fall within a loophole of sorts where if your parents where unmarried and you are claiming citizenship through your father, that you had to have applied before the age of 18. As such, there was no form at all that I could even fill out to petition for citizenship. Does anyone know whether there is a way to proceed in order to attempt to get British citizenship or have I really hit a dead end based on this loophole within a loophole scenario?

Any suggestions would be most welcome! Thanks!!

Kind regards.
:D


It is not a loop hole it is how the law is written.
My undertanding is you have no right to British citizenship.

alfonzom Mar 2nd 2011 6:23 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 
Didn't mean to use "loophole" in a derogatory way...it just seems that in the way the law is written, there are different rules based on the year you are born, and that it's quite unfortunate that I fall under this particular date range and that my parents were unmarried. However, frankly, it's a bit off-putting (and surprising) that I would have no problem if it was my mother who was Brisith and not my father, or if they had been married... :(

candy wy. Mar 2nd 2011 6:32 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213628)
Didn't mean to use "loophole" in a derogatory way...it just seems that in the way the law is written, there are different rules based on the year you are born, and that it's quite unfortunate that I fall under this particular date range and that my parents were unmarried. However, frankly, it's a bit off-putting (and surprising) that I would have no problem if it was my mother who was Brisith and not my father, or if they had been married... :(


guess you were born to early:)

Jerseygirl Mar 2nd 2011 6:32 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213577)
Hello,

Nearly two years ago, I went to the British consulate in DC to inquire as to my eligibility for UK citizenship/passport. I was born in the U.S. in 1978 to a British father and a Cuban mother, but they were unmarried. Apparently, based on the year I was born, I fall within a loophole of sorts where if your parents where unmarried and you are claiming citizenship through your father, that you had to have applied before the age of 18. As such, there was no form at all that I could even fill out to petition for citizenship. Does anyone know whether there is a way to proceed in order to attempt to get British citizenship or have I really hit a dead end based on this loophole within a loophole scenario?

Any suggestions would be most welcome! Thanks!!

Kind regards.
:D

Have I got this right....the British Consulate told you that you are not entitled to UK citizenship? If so why don't you believe them?

Take a read through the BE Wiki...there's info in there about citizenship.

alfonzom Mar 2nd 2011 6:38 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by Jerseygirl (Post 9213655)
Have I got this right....the British Consulate told you that you are not entitled to UK citizenship? If so why don't you believe them?

Take a read through the BE Wiki...there's info in there about citizenship.

Yes, that's what they told me. Guess it's just hard to believe...I've been thinking about it lately and came across this forum so thought I'd pose the question. The woman at the consulate seemed a bit unsure, and she was also surprised to learn of this...she was looking for a form for me to fill out for some time...It's quite disappointing, that's all, and so I just wanted to be reassured that there was absolutely no recourse I had at my disposal, sans traveling back in time...Plus, sometimes people make mistakes, so you never know.

Anian Mar 2nd 2011 6:45 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213628)
Didn't mean to use "loophole" in a derogatory way...it just seems that in the way the law is written, there are different rules based on the year you are born, and that it's quite unfortunate that I fall under this particular date range and that my parents were unmarried. However, frankly, it's a bit off-putting (and surprising) that I would have no problem if it was my mother who was Brisith and not my father, or if they had been married... :(

They probably changes the laws and made sure that people before then were grandfathered in.

alfonzom Mar 2nd 2011 6:49 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 
Yes, this is what they told me at the Consulate...guess i was just quite surprised by the law then and I've since wondered about it and whether or not there was any recourse at my disposal. I came across this forum and so thought I would ask to be sure...The woman at the consulate didn't seem too sure herself. She looked for some time for a form that I could fill out. She also seemed quite surprised that I could not apply. It's quite disappointing, so I just thought I'd post here to get further confirmation of this...and besides, sometimes people do make mistakes, you never know?

Thanks!

Jerseygirl Mar 2nd 2011 6:53 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213701)
Yes, this is what they told me at the Consulate...guess i was just quite surprised by the law then and I've since wondered about it and whether or not there was any recourse at my disposal. I came across this forum and so thought I would ask to be sure...The woman at the consulate didn't seem too sure herself. She looked for some time for a form that I could fill out. She also seemed quite surprised that I could not apply. It's quite disappointing, so I just thought I'd post here to get further confirmation of this...and besides, sometimes people do make mistakes, you never know?

Thanks!

Did you take a look in the Wiki? If so did it confirm what the Consulate told you?

candy wy. Mar 2nd 2011 6:56 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by Jerseygirl (Post 9213712)
Did you take a look in the Wiki? If so did it confirm what the Consulate told you?


yes..;)

Rete Mar 2nd 2011 6:59 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 
It is no different here in the US. I was born in 1948 and I could not be registered as a US Citizen until my parents married. I was born before my USC father and German mother were married and because it was 1948, they were not allowed to marry legally until dad had his military orders to go home.

One of the reasons why at one point you could be a citizen with a citizen mother but not a citizen father is because it is easier to verify who the mother is and not always sure who the father is. Times have changed with DNA testing.

Jerseygirl Mar 2nd 2011 7:09 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by candy wy. (Post 9213719)
yes..;)


:)

meauxna Mar 2nd 2011 7:25 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by Rete (Post 9213725)
It is no different here in the US.

Or Canada.. alfonzom, I had a similar issue with the year I was born and being a Canadian citizen via my mother. (that is, I did not qualify to acquire her citizenship). Canada then changed the law again recently, and suddenly, I just *was* Canadian.

So,it's not uncommon. Irritating, but not uncommon. :)

SEL_boy Mar 2nd 2011 9:37 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 

Originally Posted by alfonzom (Post 9213672)
Yes, that's what they told me. Guess it's just hard to believe...I've been thinking about it lately and came across this forum so thought I'd pose the question. The woman at the consulate seemed a bit unsure, and she was also surprised to learn of this...she was looking for a form for me to fill out for some time...It's quite disappointing, that's all, and so I just wanted to be reassured that there was absolutely no recourse I had at my disposal, sans traveling back in time...Plus, sometimes people make mistakes, so you never know.

That does seem a bit arbitrary. You have my sympathy Alfonzo, it does seem like you should be eligible since your father was British. Hopefully they will change the law at some point...

rpjs Mar 2nd 2011 10:37 pm

Re: US Cititzen, British Father, parents unmarried - eligible 4 UK citizenship/passpo
 
Was your father or either of his parents born in Ireland (Northern Ireland or the Republic)? If so you ought to be able to claim Irish citizenship, which would give you residence and working rights to the UK and the rest of the EU.


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